Friday, July 2, 2010

‘Unfair criticism’ of judiciary decried

Justice Cyriac Joseph delivering the first 'Justice K K Masthew Law Lecture Series' at Kottayam Bar Association Hall on Friday.

 

Cyriac Joseph, judge of the Supreme Court of India, on Friday came down heavily on the “unfair criticism” levelled against the judiciary and wondered why cultural leaders and institutions such as the Bar Association were silent on the issue.

Delivering the first K.K. Mathew Memorial Law Lecture series on the ‘Role of Judiciary in Democratic India,' organised as part of the centenary celebrations of the Kottayam Bar Association here, Mr. Joseph said the “abuse and intemperate outbursts” from any quarters were only a display of “ignorance of the constitutional provisions” as also a mark of “lack of culture.”

The people of India as represented by the Constituent Assembly had given shape to the Constitution and had “entrusted the judiciary with

the responsibility of upholding the Constitution, constitutional values and constitutional institutions. Thus the people of India, through the Constituent Assembly, had assigned the role of a watchdog and corrective force for the judiciary in its functioning so that parliamentary democracy could flourish,” he said.

“Judges think, speak and act in accordance with the provisions of the Constitution and cannot act like bull in a china shop,” Mr. Joseph said and added that whatever powers the judges have are derived from the Constitution. “They are not an unwanted, unauthorised group of people who wield self-acquired powers unaccounted for,” he said

Stating that unfair criticism of the judiciary would undermine democracy and the rule of law in the country, Mr. Joseph said India was ranked high internationally on account of its vibrant democracy which ensured elections every five years and the presence of an independent judiciary. “Independent judiciary is the hallmark of Indian democracy,” he said and added that the decision not to have an elected judiciary was a principled decision of the Constituent Assembly. “This does not make them less authentic,” he said and added that they are appointed on the basis of well laid out rules and guidelines.

“Judgments were not above criticism and any judgment could be subject to constructive criticism at an academic and intellectual level,” he said and stressed that judges who passed judgments that one does not agree with cannot be subjected to unfair criticism, abuse and ridicule. The Constitution provides for revision of judgments and the aggrieved parties should take recourse to such avenues, he said.

“Unlike in a game of football, there is no provision to show the Red Card, though some believe that the provision for Contempt of Court was one such stipulation. “But, I fear even this would become ineffective if people are ready to go to jails,” he quipped.

Describing the late Justice K K Mathew, former judge of the Supreme Court of India, as a “saint among judges,” Mr. Joseph said he considered K.K. Mathew as the greatest jurist produced by Kerala.

K P Presanna Kumar, District and Sessions judge, presided. Senior lawyer and former Minister M P Govindan Nair; senior lawyer V.K. Satyavan Nair; George Boban, president of Kottayam Bar Association; and others spoke.

 

http://www.thehindu.com/news/states/kerala/article496951.ece

INVITATION FOR PRESS CONFERENCE ANNOUNCING "JAIL BHARO" CAMPAIGN

INVITATION FOR PRESS CONFERENCE

ON 4 JULY 2010 @ 11:30 AM @ NEWS & SERVICES SYNDICATE (NSS), HYDERGUDA  ANNOUNCING "JAIL BHARO" CAMPAIGN

We, the All India Forgotten Women's Association (AIFWA) and All India Men's Welfare Association (AIMWA), are organizing this Press Conference to announce our support to Mr. Ravindra Gangurde, who has called for a "Jail Bharo Andolan" on 6 July 2010, as a sign of protest against arbitrary arrests of ordinary law-abiding citizens under IPC Sections 498A, 304B, Dowry Prohibition Act and related laws.

Given that today, arrest is inevitable for any man facing allegations of abuse or assault, it is imperative that our fathers, brothers and sons are prepared to go to jail along with us even if they committed no crime. "Jail Bharo" campaign is aimed at freeing ordinary law-abiding male citizens and their kin from the fear of jail and the concomitant feelings of humiliation and suffering so that they do not drive themselves into depression, ruin their health or end their own lives.

We request members of the print and electronic media to attend the Press Conference and provide wide coverage of our event.

Thank you.

Under pressure, couples forced apart

Under pressure, couples forced apart

http://www.hindustantimes.com/Under-pressure-couples-forced-apart/Article1-566218.aspx

The Delhi High Court decision favouring gay relationships had brought great joy to two couples, prompting them to solemnise their marriages. A year later, however, societal pressure caught up with them. Not only have the couples been forced to separate, their friends are even unaware of their whereabouts.

The stories of Sachin-Aniket (name changed to Sanjana) and Harnam-Deepak (name changed to Sapna) are similar. On July 8, the couples exchanged nuptial ties in a temple. In a press conference, Harnam and Sapna had said they were in a relationship for five years, while Sachin and Sanjana said they were in love for a year. Sapna’s brother had even participated in the marriage rituals.

HT traced a friend of Sachin’s, who revealed that once they announced their relationship in the open, people in Manimajra where they were staying, spoke up against them. Sachin’s family members in Bihar were informed, who came and took him away. Sanjana, also a migrant, left the city with her parents. Harnam’s family members beat him up and forced him to leave Sapna.

Ramesh (name changed), a gay rights supporter, was in touch for the couples for a while, but soon they became untraceable.

Rajiv Kumar, Assistant Director, Targeted Intervention, Haryana Aids Control Society said some parents, who even oppose a heterosexual affair, have trouble accepting homosexual affairs. Those in a gay relationship not only needed to be tracked regularly, but also need regular counseling, he said.

Media influencing high society, celebs?

Media influencing high society, celebs?

 

एसडीएम की पत्नी ने रची ड्राइवर की हत्या की साजिश!

एसडीएम की पत्नी ने रची ड्राइवर की हत्या की साजिश!

 

 

Petition to President - Jail Bharo Andolan

 

Petition to President Re Jail Bharo

 

To,                                                                                                          01/July/2010

Honorable President of India,                                                                  Bangalore

President’s Office

Rashtrapati Bhavan, New Delhi – 110011

Subject: National Family Harmony Society (NFHS) along with Indian Family Foundation (IFF), Mother And Sisters of Husband Against Abuse of Law (MASHAAL), All India Forgotten Women’s Association (AIFWA) and All India Men’s Welfare Association (AIMWA), are supporting Mr. Ravindra Gangurde of Shree Shravanbal & Shree Laxman Bhikaji Gangurde Seva Kendra, who has called for a “Jail Bharo Andolan” on 6 July 2010.

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in.

National Family Harmony Society, hereby, announces our support to Mr. Ravindra Gangurde’s “Jail Bharo Andolan” as a sign of protest against arbitrary arrests of ordinary law-abiding citizens under IPC Sections 498A, 304B, Dowry Prohibition Act and related laws.

The Universal Declaration of Human Rights states: 

  • Everyone has the right to life, liberty and security of person.
  • No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
  • Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
  • No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence or to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

In blatant violation of all the above rights, thousands of husbands and their families are arbitrarily arrested every year, without evidence or investigation, under IPC Sections 498A, 304B, Dowry Prohibition Act, and related wife-centric laws which presume that the accused are “guilty until proven innocent”.

National Human Rights Commission (NHRC) has noted the misuse of dowry laws, arrest of innocent individuals and the resultant overcrowding of prisons. NHRC has urged the judiciary and law enforcement agencies to take measures against these abuses. High Courts across the country and the Supreme Court have condemned the misuse of dowry laws. The Commissioner of Police, Bangalore had issued standing instructions vide memo to check arbitrary arrests. The DGP, Karnataka has also issued a circular to implement 11 guidelines issued by Honorable Supreme Court of India regarding arrests and detention of Individuals in Cr WP No. 539/1986 and Cr WP No.592/1987. By taking note of the heavy misuse of the 498A IPC, recently on October 20, 2009, Union Ministry of Home Affairs had issued an advisory to all the state Governments and Union Territories. National Commission of Human Rights also has issued guidelines regarding arrests.

Nevertheless, abuse of police powers continues and unnecessary arrests have only been growing in the State of Karnataka. Police routinely enter people’s homes at ungodly hours, take accused men and women into custody, and incarcerate them in the name of “protecting women from cruelty and harassment”. Innocent citizens are illegally detained, humiliated, subjected to mental and physical torture, blackmail and extortion. The honor and reputation of these accused individuals is simultaneously attacked through media trial and unrestrained slander by women’s organizations every day. Thousands of men and women have been driven to suicide due to the trauma of false cases, arrest, prolonged trials and the resultant humiliation and financial troubles they have to endure.

According to statistics published by the National Crime Records Bureau in 2007 alone, an overwhelming 94% of the individuals arrested under IPC Section 498A were found not guilty. A closer look at individual cases under Section 498A reveals that arrests are made by lower cadre police officials without proper justification and only with the intent of terrorizing innocent citizens and extorting money from them under the threat of imprisonment and long-drawn legal battles.

Our numerous pleas to the Government of India to stop arbitrary arrests of citizens under IPC Section 498A have fallen on deaf ears. On the other hand, new laws are always on the anvil (sexual assault, work place harassment, acid attacks etc.) which stress on immediate arrest of men upon mere accusations made by women.

While it is amply clear that under the prevailing circumstances, arrest is inevitable for any man facing allegations of abuse or assault, it is imperative that innocent citizens are prepared to go to jail even if they committed no crime. Ordinary law abiding citizens and their kin should be freed from the fear of jail and the concomitant feelings of humiliation and suffering so that they do not drive themselves into depression, ruin their health or end their own lives.

In light of the above facts, we, the National Family Harmony Society (NFHS) along with Indian Family Foundation (IFF), Mother And Sisters of Husband Against Abuse of Law (MASHAAL), All India Forgotten Women’s Association (AIFWA) and All India Men’s Welfare Association (AIMWA), are extending our support to Mr. Ravindra Gangurde of Shree Shravanbal & Shree Laxman Bhikaji Gangurde Seva Kendra, who has called for a “Jail Bharo Andolan” on 6 July 2010.

OUR Demands:

  • We request your personal attention to stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws.
  • Direct the Union Government to immediately implement recommendations of Law Commission to make 498A bailable.
  • Direct the Union Government to bring in amendment to stop arbitrary arrest of elderly persons, children and pregnant sisters.

Enclosures:

A)   The Commissioner of Police, Bangalore

B)   Circular by The DGP, Karnataka

C)   Advisory by Union Ministry of Home Affairs

D)   Arrest Guidelines by National Commission of Human Rights

E)   Letter from Mr. Gangurde calling for “Jail Bharo Andolan” – Marathi and English Translation

F)    Article from The Sunday Indian; Dowry Law Sec 498(A) – How and why the law is an ass.

P Suresh, President,

9880141531         

National Family Harmony Society

 

http://498amisuse.wordpress.com/2010/07/01/petition-to-president-re-jail-bharo/

Feud over Fernandes: wife takes care his property and money but not his health- Court steps in

http://www.ndtv.com/article/india/feud-over-fernandes-court-steps-in-34967

 

Feud over Fernandes: wife takes care his property and money but not his health- Court steps in

New Delhi: The man India knew as the Giant Killer is now reduced to a battle between his wife and long time friend.
A day after Jaya Jaitly was stopped from entering the former Defence Minister's home, today a twist to the battle. The Delhi High court has ordered that George Fernandes appear in court on Monday. (Read: Jaya Jaitly kept out of Fernandes' home)
The court was hearing a petition filed by Fernandes' brothers, Richard and Michael, who want custody of their brother alleging that the former Union minister, who is suffering from Alzheimer's disease, is not being properly treated by his wife.
The court now wants to see for itself what George's condition is like.

The 80-year-old former Defence Minister is rarely seen outside. He lives with his wife, Leila Kabir, at a private house in South Delhi.
Fernandes brothers, supported by Jaya, have been locked with Kabir over George's property, which is believed to be more than 20 crores. (Watch: Fight over Fernandes' legacy)
"I am fighting for Fernandes' value system. I am fighting for the right to my own simple ordinary property, and I am fighting for justice for the sake of a man who has fought for it for everybody else all his life. I think they are undermining and humiliating Fernandes and that is what the shame is, and obviously the people who are doing this don't know what he stands for so, they don't deserve to be looking after him today," said former president of the Samata Party, Jaya Jaitly. (Read: I am fighting for George's values, says Jaya Jaitly)
"It's a not a question of money. I am a professional nurse and I want to ensure he is getting the best treatment," said Leila Kabir.
George's brothers also allege that Leila and her sons are not allowing them to meet him.
On Monday, the court will decide who gets custody of George, the man who once took crucial decisions for India, now has to depend on the court to decide for him.

Read more at: http://www.ndtv.com/article/india/feud-over-fernandes-court-steps-in-34967?cp

Woman fakes kidnapping to swap religion

Woman fakes kidnapping to swap religion

The South Delhi Police have recovered a woman who was so keen to convert to Islam that she staged her own kidnapping.

The woman, a boutique owner from Nagpur, who was reportedly kidnapped from Dilli Haat here, was spotted in Bareilly district of Uttar Pradesh and brought back to the Capital on Thursday.

Varsha Kangra was reported missing from Dilli Haat on June 25 by her husband.

"She was inclined towards to a particular religion and wanted to convert which was objected to by her husband. We found out that she was constantly in touch with several people in Lucknow and Bareilly. This input led to her rescue," said deputy commissioner of police (South) HGS Dhaliwal.

Varsha, her husband Jitendra Kangra and their adopted son had come to the city on vacation and had gone to Dilli Haat along with her cousin.

"Varsha and her cousin went to a washroom and after sometime, Jitendra called her on her mobile phone. Varsha said she had sent her cousin to fetch him. But when he reached near the washroom, he could not find her,” added Dhaliwal.

A little while later, Jitendra received a call from his wife who told him that she had been kidnapped by two-three persons and was inside the boot of their car. After that her cellphone was switched off.

The police conducted raids in the NCR on the basis of information given by the police.

"During interrogation of her relatives and husband, it was found that Varsha had been inclined towards to a particular religion soon after her marriage and wanted to convert but her husband had opposed it. It was further revealed that she was constantly in touch with several people in Lucknow and Bareilly," added Dhaliwal.

The police said Varsha had gone to UP to find ways to convert to the religion of her choice. The police then shifted their focus to the two cities and found Varsha in Bareilly.

http://www.hindustantimes.com/Woman-fakes-kidnapping-to-swap-religion/Article1-566164.aspx

Woman fakes kidnapping to swap religion

Feminism goes Talibani way- Women thrash Muslim clerics, husband, slander UP CM mayawati and UP police

videos courtesy :- Aajtak , Star News and IBN7 on 30th june2010

Indian Feminism is turning into Talibanism - Alleging fraud these unscruplous women supported by feminist ngos thrash Muslim clerics husband, slander UP CM mayawati. One can easily make out what they would be upto in confines of the four walls of home which would have forced the husband to seek divorce.

Is this what the religion preaches them.?

Is this the legal civilised way of protesting ?

Is it not staged/managed high drama to harass defame and extort the husband to get their whims by whipping up emotions in the name of womenhood. ?

Is slandering others who dont support their action womenhood/feminism ?